[HISTORY: Adopted by the Council of the Borough of Sharon
Hill 12-28-1972 by Ord. No. 1019 (Ch. 33 of the 1972 Code). Amendments
noted where applicable.]
The accumulation or presence of dust, dirt and sand upon privately
owned property within the Borough of Sharon Hill by any person, firm,
corporation, partnership, association or other entity whatsoever,
or his, her or its agent, servant or representative, to such a degree
and extent or in such quantities that it escapes or is likely to escape
from said property into the atmosphere or onto adjacent private property
or onto and into the public streets of the Borough of Sharon Hill,
is hereby declared to be a public nuisance and shall be prevented,
abated and penalized in accordance with the terms and provisions of
this chapter as hereinafter set forth.
The discharge or emission of smoke and soot into the atmosphere
of the Borough of Sharon Hill by any person, firm, corporation, partnership,
association or other entity whatsoever, or his, her or its agent,
servant or representative, to such an extent, nature and degree or
in such quantities that said smoke and soot render the air difficult
and injurious to breathe, damaging clothes and property of inhabitants
and residents, is hereby declared to be a public nuisance and shall
be prevented, abated and penalized in accordance with the terms and
provisions of this chapter as hereinafter set forth.
No person, firm, corporation, partnership, association or other
entity whatsoever, or his, her or its agent, servant or representative,
shall cause or permit the accumulation, existence or presence of dust,
dirt and sand on land and premises within the Borough of Sharon Hill
to such an extent or degree or in such quality or quantity that it
escapes or is likely to escape onto adjacent lands and premises, into
the atmosphere or onto and into public streets, places, lands and
premises.
If, in the opinion of the Health Officer of the Borough of Sharon
Hill or the Borough Engineer, a condition or circumstance exists on
private lands and premises within the Borough of Sharon Hill which
is causing or about to cause an escape of dust, dirt or sand onto
adjacent private lands and premises or into the atmosphere or into
or onto public streets, places, lands and premises, the said Health
Officer or Borough Engineer shall notify the owner or lessee (if any)
of said land and premises to eliminate or cause to eliminate said
condition or circumstances immediately; whereupon the said owner or
lessee shall proceed forthwith to eliminate said condition or circumstance
and to prevent its recurrence.
No review of the said decisions and notices of the said Health Officer or Borough Engineer, set forth in § 90-4 of this chapter, shall exist unless the said condition or circumstance is not at the time actually causing the escape of dust, dirt or sand, in which event an appeal shall be made to the Borough Council within three days of the receipt of said notice; the Borough Council shall hear such appeal and at its next regularly scheduled meeting shall hear all persons concerning the propriety or legality of the said decision of the said Health Officer or Borough Engineer. The Borough Council, after the hearing on said condition or circumstance, shall render its decision in writing within three days of said hearing, which decision may affirm, overrule or modify the said decision of said Health Officer or Borough Engineer.
[Amended 9-22-1994 by Ord. No. 1239]
A.
No person, firm, corporation, partnership, association or entity
whatsoever, or his, her or its agent, servant or representative, shall
discharge or emit or cause to discharge or emit any excessive smoke
or soot into the atmosphere by any activity or thing, condition or
situation on lands and premises owned, leased or controlled by said
person, firm, corporation, partnership, association or other entity
whatsoever.
B.
Bonfires and outdoor rubbish fires. No person shall kindle or maintain
any bonfires or rubbish fire on or in any public or private street,
alley, road or other land or ground, and the kindling or maintenance
of all such fires is prohibited in the Borough of Sharon Hill, except
when specifically authorized by permit of the Fire Marshal for a specific
place, under guarded and safe conditions, and for a certain limited
time only, and then only when necessary during construction or demolition
work upon property.
For the purposes of this chapter, the following term shall have
the meaning indicated:
Smoke and soot which render the air difficult and injurious
to breathe, which damage or contaminate clothing or other personal
or real property of inhabitants of the Borough of Sharon Hill, or
which produce annoyance or inconvenience to said inhabitants.
If, in the opinion of the Health Officer of the Borough of Sharon
Hill or the Borough Engineer, a quantity of excessive smoke or soot
is escaping from private lands and premises, he shall give written
notice thereof to the owner or lessee thereof; said notice shall contain
an order by said Health Officer or Borough Engineer to eliminate the
cause of said excessive smoke or soot forthwith. Said owner or lessee,
after receipt of notice, shall eliminate or cause to be eliminated
the activity or thing causing the discharge or emission of said smoke
or soot within 24 hours of the receipt of said notice.
The owner or lessee who shall fail, neglect or refuse to eliminate the cause of the said excessive smoke or soot (after receipt of the notice set forth in § 90-8) shall be liable to the penalty provided in § 90-13 hereof for each day during which the escape of said excessive smoke or soot shall continue.
The owner or lessee of lands and premises within the Borough of Sharon Hill who allows or permits dirt, dust or sand to escape onto adjacent private or public property shall, when ordered by the Health Officer to do so, at his, her or its sole expense, remove said dirt, dust and sand from said private or public property. Failure to do so within 48 hours of the receipt of said written notice shall subject said owner or lessee to the penalty provided in § 90-13 hereof for each day during which any quantity of said dirt, dust or sand shall remain on said public or private property.
Whenever any word in any section of this chapter importing the
plural number is used in describing or referring to any matters, parties
or objects, any single matter, party, person or object shall be deemed
to be included where the context of said chapter permits the same,
although distributive words may not have been used. When any subject
matter, party or object is referred to in this chapter by words importing
the singular number only, several matters, parties, persons or objects
shall be deemed to be included where the context of said chapter permits
the same. Words in the present shall be deemed to include the future,
and words in the future shall be deemed to include the present, where
the context of the chapter shall so permit.
[Amended 7-14-1988 by Ord. No. 1180]
Any person who shall be convicted of a violation of any of the
provisions of this chapter before any Magisterial District Judge shall
be sentenced to pay a maximum fine as provided from time to time by
state statute, together with costs of prosecution, or to imprisonment
in the county jail for a term not to exceed 30 days, or both.
